Terms of Service

(Updated July 16, 2014)

Welcome to the Sensoria family of websites, which include (without limitation) sensoriainc.com, sensoriafitness.com, sensoriadeveloper.com and sensoriahealth.com websites (collectively with any other websites we may make available to you, our “Sites”).

These Terms of Service (“Terms“) govern your access to and use of our Sites, the Sensoria Platform, and related websites and online services (collectively the “Services”) of Sensoria Inc. (collectively with its successors and affiliates, referred to below as “Sensoria”, “Sensoria,” “we” or “our”). In addition, when you use any of our services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service.

These Terms of Service cover your use and access to all websites and online services made available to you, including without limitation the websites specifically listed above. However, these Terms of Service do not cover any of our services that are provided by us wholly apart from our websites, including without limitation our Sensoria development kits and software embedded in our hardware products such as our Sensoria Smart Socks and related anklets, all of which are covered by the terms of the service order form or other agreement you agreed to with us.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT AND OUR PRIVACY POLICY, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

Modifications to the Terms of Service

We may make changes to the Terms of Service from time to time. A link to the most current Terms of Service will be available on the Sites and we will indicate the date of the "Last Updated" at the top of the Terms of Service. We may also place a special notice on the Services or communicate significant changes by email. Your continued use of the Services following the posting of such changes constitutes your acceptance of the Amended Terms of Service.

Requirements for Use of the Services

Use of the Services requires internet access and may be affected by the performance of your internet connection. The Services are not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to the Services.

Sensoria recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Services are not intended for children under the age of 13. Sensoria does not target this Site to children under 13. Sensoria does not knowingly collect personal information from children under the age of 13.

Agency

You represent that you are using the Services for their intended purpose. If you are registering or using the Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.

Information on the Services

We try to provide helpful and accurate information on the Services, but we make no endorsement, representation or warranty of any kind about any information, services or recommendations made available through the Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Services. If you rely on any information provided by Sensoria, our employees and contractors, or others appearing on or contributing content to the Services, you do so solely at your own risk.

Privacy and Protection of Personal Information

Through the Services, we enable you, if you wish, to share information with others. You can use the privacy settings within the Services to control which information about you is shared with others.

See our Privacy Policy for disclosures relating to the collection and use of your personal information.

User-Generated Content

You hereby grant to Sensoria a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use and commercially exploit any text, photographs, source or object code or other data and information you submit to the Services (collectively, "User Generated Content") in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. "User Generated Content" includes without limitation content posted on message board posts, forums, user groups, blogs, journals, user comments, and user reviews. You hereby waive any rights of publicity and privacy with respect to the User Generated Content and any other legal or moral rights that might preclude Sensoria's use of the User Generated Content or require your permission for Sensoria to use the User Generated Content. You agree not to assert any claim, whether based on tort, contract, or other legal theory, against Sensoria or its sublicensees relating to Sensoria's or its sublicensees' use of the User Generated Content, and you hereby release Sensoria and its sublicensees from any such claims. You represent that your User Generated Content: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.

Registration and Password

You can register with the Services via a Sensoria username and password. You are responsible for maintaining the confidentiality of your username and password.

You represent that the information that you provide about yourself as requested in the Sensoria account registration form (the "Registration Data") is accurate and complete, and you agree to update your account information, as necessary, including providing Sensoria with your current email address, so that you may receive notifications and other account-related communications.

From time to time we may also permit users to register to the site via a Facebook or other social media account. In such event, you don’t need to remember another username and password to use the site. As long as you are signed into the social media site, you are automatically signed into our site as well. We don’t have access to your social media account username and password, but receive from you an authorization to trust your social media account credentials as means of access to the site. You are still responsible for maintaining the confidentiality of your social media account username and password.

You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. Sensoria cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Sensoria account or for any third party's fraudulent use or misuse of information submitted by you. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Ownership of the Services

Except for the User Generated Content, the Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by Sensoria or its successors and licensors. You acknowledge that the Services and any underlying technology used in connection with the Services contain Sensoria's intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the Services not expressly granted to you by Sensoria are retained by Sensoria and its licensors.

If you violate any of these Terms of Service, your permission to use the Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Services.

User Indemnification of Sensoria

Upon request by us, you agree to defend, indemnify and hold Sensoria and its successors, partners, affiliates, service providers, licensors, officers, directors, employees and agents harmless from and against any and all losses, liabilities, damages and costs, including but not limited to reasonable legal and accounting fees, arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Services, including any User Generated Content you post, store, reproduce, display, or distribute via the Services; (b) your violation of the Terms of Service; or (c) your violation of any intellectual property or other third-party rights or any applicable law in connection with your use of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting and available defenses.

User Conduct

If we determine that you are not using the Services responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user's transmissions, User Generated Content, or use of the Services. We also have the right (but not the obligation) to suspend or terminate your access to the Services, or delete information you have posted through the Services, without prior notice if you engage in any conduct that we believe, in our sole discretion: (a) violates any provision of the Terms of Service, (b) is offensive to other users, (c) violates the rights of Sensoria or third parties, or (d) could cause Sensoria liability. Without limiting the foregoing, upon any termination of your account or access to the Services we may delete all User Generated Content and other information related to your account. If Sensoria suspects that your Registration Data is inaccurate or incomplete, we may suspend or terminate your account.

Sensoria is trusted by its users, and we trust you to use our Services responsibly. You agree not to misuse the Services. For example, you must not, and must not attempt to do the following things:

use the Services for any unlawful purposes or for promotion of illegal activities;

post any User Generated Content on the Services in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;

impersonate others through the Services or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;

publish or post other people’s private or personally identifiable information, such as credit card numbers, street address, Social Security/National Identity numbers or personal health information, without their express authorization and permission;

publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;

access, tamper with, or use non-public areas of the Services, Sensoria’s computer systems, or the technical delivery systems of Sensoria’s providers;

probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);

forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of User Generated Content in such a manner as to interfere with or create an undue burden on the Services. International users agree to comply with all local laws regarding online conduct and acceptable content.

We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Services.

Changes to Services

Sensoria may change or discontinue, temporarily or permanently, any feature or component of the Services at any time without further notice. You agree that Sensoria shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Services.

No waiver of any sections of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Sensoria’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

We may provide notifications, whether these are required by law of are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. You can opt out of certain types of notifications through your settings page.

Third Party Services

The Services may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality, or practices of such websites. Inclusion of links to third party websites on our Services does not imply approval or endorsement of the linked website by us. If you decide to leave our Services and access these third party websites, you do so at your own risk. Sensoria suggests that you read the terms of Service and privacy policies (if any) on those third party websites. You agree that Sensoria has no liability for any damage or loss of any type that is a result of your use of a third party website.

Content and Warranty Disclaimer

THE SERVICES ARE PROVIDED BY Sensoria AND ITS AFFILIATES "AS IS." NEITHER Sensoria NOR ITS SUCCESSORS, PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THEIR CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICES. IN ADDITION, Sensoria AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, Sensoria DOES NOT WARRANT THAT USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT WILL Sensoria BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT Sensoria OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESENTIAL PURPOSE. IN ANY CASE, THE AGGREGATE LIABILITY OF Sensoria, ARISING FROM OR RELATING TO THE SERVICES (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. Sensoria'S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE SERVICES. In some locations applicable law may not allow certain of the limitations described above, in which case such limitations may not apply to you.

General

The Services are controlled and operated from our facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.

These Terms of Service and the resolution of any dispute related to the Terms of Service or the Services shall be governed by and construed in accordance with the laws of the State of Washington without respect to its conflict of laws principles. You shall bring any legal action or proceeding against Sensoria related to the Services exclusively in a federal or State court of competent jurisdiction sitting in King County, Washington, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Service is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Sensoria's failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by Sensoria in writing. These terms and conditions constitute the entire agreement between you and Sensoria with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.

If a dispute arises under these Terms of Services we and you agree to first try to resolve it with the help of a mutually agreed-upon mediator in King County, Washington. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we and you agree to submit the dispute to binding arbitration in King County, Washington under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.